Appellate Division of the Supreme Court of New York, 1975

Soto v. Scala

Soto v. Scala
Appellate Division of the Supreme Court of New York · Decided September 25, 1975
49 A.D.2d 721; 374 N.Y.S.2d 299; 1975 N.Y. App. Div. LEXIS 10654
Soto v. Scala

Opinion of the Court

Order, Supreme Court, Bronx County, entered February 26, 1975, unanimously affirmed, without costs and without disbursements. The reasons for delay in furnishing a bill of particulars were satisfactorily explained by plaintiffs and, no prejudice having been shown, it was a proper exercise of discretion to permit the belated bill to be served and to deny the motion to dismiss. Concur—Stevens, P. J., Markewich, Kupferman, Capozzoli and Nunez, JJ.

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